Hi Flat-Chat community,
Our owners corporation is going through the same experience as dnighttime.
In brief:
Feb 2012- Timber floor installed above and new neighbors move in. Appalling noise results severely disrupting all residents in west wing of the strata complex.
May2012-July2013 protracted battle with owner to address breach of by-law 14. Favorable adjudication Jan 2013 which also recognizes some of the noise is not related to the floor and is the tenants themselves. Owner appeals, we go to a directions hearing May. July tribunal orders that owner complies with orders. Owner installs cheap carpet. Noise reduced from deafening to frequent and annoying.
Jan2014 Owner corp seeks orders against tenant to comply with by-law 1 and s117(1)(a) SSMA 1996. Adjudication July 2014 in favor of owners corp. Residents of west wing contact council and request noise abatement direction. Granted and in force until Oct 2014. Residents of west wing have politely approached tenant 4 times as a group in person over preceding 3 years asking nicely to please consider neighboring residents especially between 10pm and 7am. On last visit the tenant of the offending lot accuses the 3 other residents of the west wing of harassment and calls the police seeking AVO’s. Tenant speaks to police in English who advise us not to approach her again.
Owners corp seek orders from tribunal requesting penalties for breach of orders. Hearing held early Sept. Tenant suddenly cannot speak English and needs an interpreter. States that she could not understand request for mediation as an excuse for not attendance, didn’t understand the orders handed down by the tribunal and is bewildered as to why she is there. She also states that she does not have any knowledge of the laws or her rights.
Tribunal member asks that we talk with her about our issues. Strata Manager states that we have all had conversations with her, she can speak English and has 2 children at high school that do not need translators in class all day. Strata Manager also mentions police advice to all other residents not to approach her. Member repeats that it would be preferable for the parties to enter into discussions. We ask how if she cannot understand English and we are not permitted to contact her. Member adjourns case and states that the onus in on the owners corporation to establish that she is breaching the by laws despite us already having orders from the tribunal that she is in breach of the by laws. Member states that not all noise is excessive noise and we must understand this, despite the adjudicators orders in July stating that the tribunal is satisfied on the balance of probabilities that she is making excessive noise. All up hearing lasts 15min and we are dismissed. Outside tribunal the other party suddenly has learnt to speak English again.
Owner refuses to evict tenants despite all the evidence we have and the orders we have against the tenant. Strata Manager has never seen a noise issue get to this stage. He said that at least once a month his agency gets evictions from real estate agents in cases like this.
Legal advise from a friend is that they have had some very good legal advice to play the language and race card and that despite any orders we get they will continue to ignore them. The owner is a relative and lives overseas and supports the tenant fully. Is there any way we can put some heat on the owner as it appears that these people will fight to the death to “exercise their right to live as they please, even at 3am every day” and will not move for anyone. Next step penalties from council for breach of noise abatement direction. Stat decs from all affected residents 3 years of noise logs from 2 (one resident has given up due to the time this has taken and works night shift so can sleep during the day)
After 3 years of this I am almost stuffed.
Thoughts, advice, prayers requested
One nervous wreck andyj